District #1

Bob Janes

Chairman

District #2

Douglas St. Cerny

District #3

Ray Judah

Vice Chairman

District #4

Andrew W. Coy

District #5

John E. Albion

Donald D. Stilwell,

County Manager

James G. Yaeger, County Attorney

October 22, 2002

9:30 AM

Invocation:

Pastor Robert DeKlavon

Fort Myers Evangelical Free Church

Pledge of Allegiance

Recap

Public Comment on the Consent and Administrative Agenda

Consent Agenda:

·      

Items to be pulled for discussion by the Board

·      

Motion to approve balance of items

·      

Consideration of items pulled for discussion

Administrative Agenda

Walk-ons and Carry-overs

Commissioners' Items/Committee Appointments

County Manager Items

County Attorney Items

9:30 AM

ACTION REQUESTED:

Hold the first public hearing on the Second Amendment to the FGCU Campus Development Agreement.  After hearing, direct agenda item to second public hearing, November 12, 2002, at 9:30 a.m..  (#20021167-County Attorney)

Adjourn until 5:00 PM

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

(a)

ACTION REQUESTED:

Approve Subordination Agreement for change of ownership of the facility located at 3434 Hancock Bridge Parkway in No. Ft. Myers, from Volute Enterprises, Inc. to Robert B. Cheyney and Patricia A. Cheyney.  Lee County Government is currently leasing two separate areas within this building.  No other changes will affect the existing lease agreements, all terms and conditions will remain the same.

WHY ACTION IS NECESSARY:

Board must approve all agreements and leases and amendments to those documents.

WHAT ACTION ACCOMPLISHES:

Establishes the change in ownership of the facility located at 3434 Hancock Bridge Parkway and amends that portion of the existing lease agreements.   (#20021107-Facilities Management)

(b)

ACTION REQUESTED:

Award and authorize staff to enter into a Construction Manager Agreement for RFQ-02-06 Lee County Lakes Regional Public Library, for the Department of Construction & Design, to Compass Construction Inc. for the sum of five percent (5%) of the total construction cost of the project. 

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contract Manual for Construction projects, approved by the Board on September 25, 2001, construction projects estimated to be over $50,000 will be executed through the formal advertised process.

WHAT ACTION ACCOMPLISHES:

Provide construction management services for the construction of an approximately 40,000 gross square foot Library anticipated to be arranged in a 1-story configuration.  This gross area will be divided between library collection, staff offices and support spaces.  The facility may also include up to 5,000 gross square feet of exterior spaces.  Related site work may include construction of a covered access drive, a book drop drive, lighted staff and public parking, landscaping, an exterior reading area, and paving, grading, drainage and utility infrastructure improvements.  The building construction contract is anticipated to include all architectural, civil, structural, mechanical, plumbing fire protection and electrical systems.  Additionally, the building construction contract may include comprehensive interior design including loose furnishings, library equipment and shelving, building security, book security, telecommunications wiring, and other systems.  (#20021130-Construction and Design)

(c)

ACTION REQUESTED:

Approve Addendum to the Construction Management Agreement under RFQ-01-04 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Lee County Sports Complex to The Chris Tel Company, for the Guaranteed Maximum Price (GMP) of $242,038.00 (includes the CM fee). This Guaranteed Maximum Price (GMP) encompasses the following three (3) projects:  Soffit & Gutter Repair CIP #1859 in the amount of $101,490.00; Concourse Railing Replacement CIP #1858 in the amount of $81,963.00; and Stadium Safety Screen CIP #1860 in the amount of $58,585.00.  At this time it is also being requested that the Board approve waiving of the formal process (if needed) and authorize the use of the Director Material Purchase Order based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.  Also approve budget transfer of $10,548.00 from the Remodeling Project and transfer $1,963.00 to the Concourse Railing Replacement project and $8,585.00 to the Stadium Safety Screen project and amend FY 02-03 – 06/07 CIP accordingly.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contract Manual for Construction Projects, approved by the Board on September 25, 2001, construction projects estimated to be over level four authorization will be executed through the formal process.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager that will provide for the repair of the soffit areas at the parking lot side of upper bleachers; removal and replacement of the steel railings at the concourse tower stairs and walkway with aluminum; and the replacement of steel safety screen with aluminum picket railings at the Lee County Sports Complex.  (#20021158-Construction and Design)

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

(a)

ACTION REQUESTED:

Execute a grant award agreement for $270,000 in SHIP funds with Renaissance Manor, Inc. to construct one duplex and one triplex to house 10 very-low income persons with mental illnesses.

WHY ACTION IS NECESSARY:

Renaissance submitted a grant request during the last grant cycle (2000-01 Supplemental Cycle #3).  Due to the competitive nature of that grant cycle and because the applicant lacked site control, the request was not funded.  Since the Lee County Housing Development Corporation (HDC) cancelled its Meadow Glen rental project and relinquished claim to committed funds, funding is available for the Renaissance’s project.

WHAT ACTION ACCOMPLISHES:

Allows the county to enter into a grant award agreement with Renaissance.  (#20021149-Planning)

5.

HUMAN SERVICES

(a)

ACTION REQUESTED:

Approve Grant Agreement Amendment with U.S. Department of Housing and

Urban Development (HUD) for change of a 2000 Continuum of Care Shelter Plus Care project sponsor for project FL14C003006.

WHY ACTION IS NECESSARY:

HUD requires a Grant Agreement Amendment for change of a project sponsor.

WHAT ACTION ACCOMPLISHES:

Authorizes new project sponsor to carry out the Shelter Plus Care homeless housing program previously awarded to Fort Myers Housing Authority.  (#20021136-Human Services)

6.

INDEPENDENT

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

(a)

ACTION REQUESTED:

Approve authorizing resolution and agreement for Chairman to execute Resolution and Joint Project Agreement between Lee County and Florida Department of Transportation (FDOT) for landscape and irrigation design on US 41 from Corkscrew Road to Old U.S. 41 on behalf of the BOCC.  Also, approve budget amendment resolution in the amount of $60,000 for Project 5024 and amend FY 03-07 CIP.

WHY ACTION IS NECESSARY:

The Board must approve the agreement and authorize the Chairman to sign it so that it may become fully executed.

WHAT ACTION ACCOMPLISHES:

Provides an agreement that will reimburse the County for landscape and irrigation design expenses up to $60,000.00 for this section of U.S. 41. The irrigation design will also provide FDOT with the proper information to install irrigation sleeves during roadway construction, which will reduce landscape and irrigation installation expenses by eliminating the need for directional boring under the roadway for irrigation system pipe sleeves.  (#20021094-Transportation)

(b)

ACTION REQUESTED:

Approve rejection of all quotations received for Quote # Q-020235, Roadside Mowing, for the Department of Transportation-Operations, due to the inability of the first and second low quoters to secure a performance bond for this project.  Also request authority to waive the performance bond when this project is requoted.

WHY ACTION IS NECESSARY:

To reject all quotes received for this project because of the difficulty of vendors to secure performance bonds.

WHAT ACTION ACCOMPLISHES:

Allows this project to be requoted without a performance bond included.  (#20021105-Transportation)

(c)

ACTION REQUESTED:

Award B-02-24 COUNTY-WIDE MINOR SIGNALIZATION IMPROVEMENTS, for the Department of Transportation, to the three (3) lowest responsive, responsible bidders meeting all bidding requirements, based on the individual unit prices multiplied by the estimated quantity, Mid-Continent Electric Inc., Mastec North America Inc., and P.D.G. Electric Company, for a total not-to-exceed annual contract amount of $300,000.00 with a project completion time of 365 calendar days.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contract Manual for Construction Projects, approved by the Board on September 25, 2001, construction projects estimated to be over $50,000.00 will be executed through the formal process.

WHAT ACTION ACCOMPLISHES:

Provides the Department of Transportation with the availability of having three (3) contractors to perform traffic signalization and street light work county-wide.  It consists of the construction (installation/reinstallation) and rebuilding of traffic signals and street lights.  (#20021125-Transportation)

10.

UTILITIES

(a)

ACTION REQUESTED:

Approve Resolution amending Division of Lee County Utilities Operations Manual specifying that if final 50% payment for water and sewer connection fees is made within five years of the first payment, connection fees for the remaining 50% will be paid at the applicable connection fee rates in effect at the time the first 50% fees were paid.  If final payment is made five or more years after first payment; if the Developer requests an Amendment to the Development Order; or, a request for additional flow/capacity which results in additional ERU’s being served, the additional ERU’s connection fee would be based on the applicable connection fees in effect at the time of Amendment approval.

WHY ACTION IS NECESSARY:

 To allow Developers to fix water and sewer connection fee rates for five years after initial 50% payment.  This allows the Developer and the Utility to budget based on known applicable connection fee schedules.  Future rate ordinances would not apply to the last 50% payment unless payment was made five years after the first 50% payment, or Developer requests an amendment to the Development Order, or makes a request for additional flow/capacity which results in additional ERU’s being serviced.

WHAT ACTION ACCOMPLISHES:

Allows Lee County Utilities to incorporate and implement amendment into the Lee County Utilities Operations Manual.  (#20021116-Utilities)

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(a)

ACTION REQUESTED:

Direct the proposed “Lee County Surplus Lands Ordinance” to public hearing on November 26, 2002 at 5:00 p.m.

WHY ACTION IS NECESSARY:

Board must formally adopt ordinance at a public hearing.

WHAT ACTION ACCOMPLISHES:

Sets public hearing date and time.  (#20021147-County Attorney)

(b)

ACTION REQUESTED:

Request permission to advertise and conduct a public hearing on November 12, 2002, at 5:00 p.m. to consider & adopt a County Ordinance amending Lee County Ordinance Nos. 93-07 and 98-16 relating to the Lee County Public Guardianship Program.

WHY ACTION IS NECESSARY:

A public hearing is necessary for the Board of County Commissioners to amend County Ordinances.

WHAT ACTION ACCOMPLISHES:

Complies with changes to Florida Statutes.  (#20021050-County Attorney)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

(a)

ACTION REQUESTED:

Approve disbursements.

WHY ACTION IS NECESSARY:

Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board.

WHAT ACTION ACCOMPLISHES:

Compliance with the requirements of FS 136.06(1).  (#20021153-Clerk of Courts)

(b)

ACTION REQUESTED:

Approve the expenditure of $3,000 from the Law Enforcement Trust Fund.

WHY ACTION IS NECESSARY:

Florida State Statute 932.7055 requires Board of County Commissioners approval of expenditures from the Law Enforcement Trust Fund which is funded by revenues from confiscated property.

WHAT ACTION ACCOMPLISHES:

Funds will be used to provide drug abuse education and prevention by C.H.R.I.S. Rallies in Lee County.  (#20021135-Sheriff)

(c)

ACTION REQUESTED:

Approve a budget amendment resolution in the amount of $75,000 to increase the Clerk’s Office budget to fund one Human Resources Programmer Analyst position and; authorize transfer from the General Fund Reserves in the amount of $75,000 for this purpose.

WHAT ACTION ACCOMPLISHES:

Enables Clerk’s Office to receive additional dollars from Reserves to fund a Human Resources Programmer Analyst position to assist HR in effective utilization of PDS HR software system.

WHY ACTION IS NECESSARY:

The Board must approve budget amendment resolutions and any transfers from Reserves.  (#20021168-Clerk of Courts)

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

(a)

ACTION REQUESTED:

Award B-02-26 ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE & IRRIGATION REPAIRS FOR VARIOUS MEDIAN LOCATIONS, to the sole bidder meeting all bidding requirements, P&T Lawn & Tractor for the following locations and amounts:  Site #1 Bayshore/Pine Island – total yearly contract amount of $68,400.00, plus Landscape Repair (Material Costs plus 20% markup); Site #2 Bonita Beach Road - total yearly contract amount of $92,250.00, plus Landscape Repair (Material Costs plus 20% markup); Site #3 Hancock Bridge - total yearly contract amount of $1,800.00, plus Landscape Repair (Material Costs plus 20% markup);  Site #4 Ben Pratt/Six Mile - total yearly contract amount of $16,800.00, plus Landscape Repair & Irrigation Repair  (Material Costs plus 20% markup each); Site #5 Lee Boulevard - total yearly contract amount of $82,200.00, plus Landscape Repair (Material Costs plus 20% markup);  Site #6 Colonial Boulevard – Mowing Only at a cost for 21 cycles of $15,750.00 ($750.00 per cycle).  This contract shall be in effect until January 31, 2004, with the option of renewal for three (3) additional one (1) year periods or until new bids are received and awarded.

WHY ACTION IS NECESSARY:

Pursuant to Administrative Code AC-4-4 Lee County Contract Manual, approved by the Board on September 25, 2001, services in excess of $50,000.00 shall be executed through the formal process.

WHAT ACTION ACCOMPLISHES:

Landscape maintenance and irrigation work consisting of providing all labor, materials, equipment, permits, and incidentals necessary for various medians located throughout Lee County.  (#20021099-Transportation)

10.

UTILITIES

(a)

ACTION REQUESTED:

Approve Waiver #W-030005 to waive formal quotation procedure, due to the sole source, for the Public Works Department (Utilities Division), for the installation, repair and services of Motorola Scada (Telemetry) equipment from DCR Engineering Services.  The term of the waiver would be for one year.  Estimated annual expenditures for installations of equipment and programming would be approximately $200,000.  Estimated annual expenditures for repairs of existing equipment and service would be approximately $50,000.  Funding will come from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures.

WHY ACTION IS NECESSARY:

According to Section 9.4.1 of the Lee County Purchasing and Payment Procedures Manual, approved by the Board on 7/9/02, purchases over $50,000.00 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows the Public Works Department (Utilities) to acquire new installations and repair existing equipment.  (#20020824-Utilities)

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(a)

ACTION REQUESTED:

Approve the Amended Resolution of Necessity for the acquisition and condemnation of parcels required for the Alico Road Six Laning, Project No. 4030.

WHY ACTION IS NECESSARY:

To acquire parcels that are necessary for the Alico Road Six Laning Project.

WHAT ACTION ACCOMPLISHES:

The Amended Resolution of Necessity allows the County to proceed with condemnation, if necessary, so parcels can be acquired for the Alico Road Six Laning Project, from east of Old U.S. 41 to Interstate 75.  (#20021113-County Attorney)

(b)

ACTION REQUESTED:

Authorize the identification and expenditure of certain County funds in the amount of approximately $626,000.00± ($156,421.00 per year for four years) to share the costs with the City of Fort Myers for the transition of the Tice Fire District under Section 171.093(6), F.S., if the Dunbar / Belle Vue Enclaves Annexation is approved by Referendum on March 4, 2003.  Authorize staff to place verbiage into the draft Annexation Interlocal Agreement consistent with Request No. 1.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval is required for all expenditures above $50,000.00.

WHAT ACTION ACCOMPLISHES:

Assists the City of Fort Myers with the financial transition of the Tice Fire District pursuant to Section 171.093(6), F.S., if the Dunbar / Belle Vue Enclaves Annexation Interlocal Agreement is approved at Referendum on March 4, 2003.  (#20021159-County Attorney)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

5:00 PM

(#1)

Public Hearing

ACTION REQUESTED:

Adopt a Resolution to Vacate a portion of Harbour Landing Drive Right-of-Way Easement, located in the Subdivison of Gulf Harbour.

WHY ACTION IS NECESSARY:

The project’s site plan has been modified and this right-of-way easement is no longer needed to provide access to the project.  The vacation of this right-of-way easement  will not alter traffic conditions and the easement is not necessary to accommodate any future traffic requirement.

WHAT THE ACTION ACCOMPLISHES:

Vacates the Right-of-Way Easement.  (S30-T45S-R24E)  (#3)  (#20021093-Development Services)

(#2)

Public Hearing

ACTION REQUESTED:

Adopt a resolution on VAC2002-00015 to vacate the southernmost portion of a sixty-foot wide platted right-of-way known as Orange Grove Boulevard in the platted subdivision of LOCHMOOR, Unit1 and accept a replacement easement and cul-de-sac.

WHY ACTION IS NECESSARY:

To construct a gated entrance for a proposed condominium development with 226 units in two multi-story buildings.  The vacation of this right-of-way will not alter existing drainage or utilities; nor is this right-of-way necessary to accommodate any future drainage or utility requirements.  A replacement easement has been granted to cover existing utilities, and a new cul-de-sac will be provided in front of the proposed guardhouse.

WHAT ACTION ACCOMPLISHES:

Vacates the right-of-way.  (S21-T44-R24)  (#4)  (#20021152-Development Services)

(#3)

Public Hearing

ACTION REQUESTED:

Conduct second public hearing on proposed extension of Communication Tower Interim Ordinance (Lee County Ordinance No. 01-20).

WHY ACTION IS NECESSARY:

Public Hearings are necessary to adopt amendments to the LDC.

WHAT ACTION ACCOMPLISHES:

Allows for discussion and public input on proposed extension of Communication Tower Interim Ordinance (Lee County Ordinance No. 01-20) to May 1, 2003.  (#20021155-County Attorney)

5:05 PM

Public Presentation of Matters by Citizens

Adjourn